Maine State Approved Sessions

This panel provides an overview of commercial mortgage-backed securities (CMBS) financing and the role of special servicers in a distressed context. The panelists also provide recent insights into the CMBS market and practitioner trends from the panelists’ viewpoints.

This panel explains the Department of Education/Department of Justice Guidance and Attestation process, and discusses the Brunner test and the types of evidence that might be useful to support the statements in an Attestation.

Domestic asset-protection trusts are now available in 20 states. This panel will introduce the concept of domestic asset-protection trusts and discuss their treatment in and out of bankruptcy.

Class action lawsuits in both business and consumer cases are becoming more prevalent. Are you wondering whether your clients’ WARN Act claims would be better pursued against a debtor company in a class action adversary proceeding or in a class proof of claim, or both? If your client has been sued in a debtor’s consumer class action adversary proceeding, do you know the best defenses against class certification? ABI’s panel of experts will explore the potential benefits and pitfalls of class actions by creditors against debtor companies and by debtors/trustees against creditors and others by highlighting recent appellate and bankruptcy court decisions.

This panel will highlight problems with loan documentation and transfer, escrow issues in proofs of claim and post-petition, proliferation of automatic stay and discharge violation litigation, and the impact of regulatory developments in the treatment and servicing of mortgage loan claims.

This panel of Chapter 9 specialists will discuss the Chapter 9 bankruptcy process including eligibility under Chapter 9, the authority of the bankruptcy court, powers of the municipal debtor, the role of creditors, the automatic stay, issues peculiar to certain types of Chapter 9 debtors such as hospitals and cities and the recent developments in chapter 9.

Lien-stripping, short sales and other contested confirmation issues will be highlighted.

The panelists will present a mock hearing during which they will adduce evidence from plaintiff and defense witnesses and make legal arguments on various topical issues that arise in a preference action. Among the matters to be discussed will be timely issues involved in preference actions, including both the new value and ordinary course of business defenses, as well as the use of state law preference actions and safe harbors.

Discussion of EPF bankruptcy process issues. What are the duties of directors and their professionals in complex multi-debtor cases? More generally, when is it necessary to obtain a conflict waiver? Current vs. recent vs. former clients; directly adverse vs. positionally adverse; relatedness to a prior matter; use of confidential information; review of disinterestedness standards under Bankruptcy Code § 101(14) and related disclosure requirements; ABI Report on Standards of Professional Courtesy and Conduct.